Resource Regulations

WaterNational Pollutant Discharge Elimination System

The current Palm Beach County Municipal NPDES Permit was issued by the Florida Department of Environmental Protection (FDEP) on September 8, 2016. SIRWCD is a co-permittee along with 34
municipalities, the Department of Transportation, Palm Beach County, and four special districts. In order to complete the permit-related activities that are performed collectively by the co-permittees, an NPDES Steering Committee was formed. The Steering Committee meets on a regular basis to evaluate the program, to provide training and resources to the co-permittees, and to assist with the preparation of the annual reports. Staff continues to attend the Committee Meetings as a Steering Committee Board member. After the Cycle 4 Permit was issued in September 2016, a new Interlocal Agreement, which reflects the current permit conditions, was executed with Northern Palm Beach County Improvement District, the lead co-permittee.

 

In 2020, the meetings included discussions on Pollutant Assessment Plans, a Total Maximum Daily Loads (TMDLs) update, public education, the Annual Reports and Joint Report, and required refresher training videos on spill prevention, illicit discharges and sediment and erosion control. The Cycle4/Year2 Annual Reports were submitted to FDEP in March 2020. In June 2020, FDEP presented their comments on the previous year’s Annual Report.The Steering Committee met on October 21, 2020. The meeting consisted of administrative activities, review of the Year 4 Permit, status of Pine Lake and Lake Osborne TMDLs and public education.In addition, staff responded to the NPDES coordinator on Audit esponses to the FDEP. The responses were sent on October 29, 2020. As part of the response, staff added information to the newsletter for public education concerning pet waste pick up and septic tank maintenance.

 

The Steering Committee met on January 20, 2021 and March 17, 2021. The March meeting consisted of the Annual Required Refresher Training. On May 12 and 13, 2021, the Florida Stormwater, Erosion, and Sedimentation training occurred in conjunction with the co-permittee meeting. There was no Steering Committee meeting in June 2021. Staff met with FDEP on comment that FDEP made during the audit. FDEP was requiring the District to enter an interlocal agreement so that Palm Beach County can enforce illicit discharge occurences. Staff met with FDEP and determined that an interlocal agreement was not necessary. Staff responded to FDEP with a letter to address the comment. Their next Steering Committee meeting is scheduled for September 15, 2021.

 

Click here for links to more NPDES information.

Waters of the United States (WOTUS) Proposed Rule

On April 21, 2014, the EPA and the Army Corps of Engineers proposed draft rules revising the definitions of Water of the United States or “WOTUS”. The stated intent of the changes is to clarify what is and what is not a WOTUS. After many agency comments on the proposed rule,
the rule was revised and the EPA and the Army Corps of Engineers published final rules revising the definitions of WOTUS that became effective on August 28, 2015. However if implemented as adopted, the new regulations will result in significant impacts on the NPDES program and muni-cipal separate storm sewer system (MS4) permit holders because most ditches, stormwater conveyances, and certain flood control devices will be considered to be “WOTUS” and subject to permit conditions and numeric nutrient criteria.

 

On August 27, 2015, a federal judge in North Dakota granted a petition filed by 13 western states to enjoin implementation of the rules – making implementation and application of the rules throughout the rest of the country even less certain. In addition, other states including Florida filed lawsuits challenging the rule. On October 9, 2015, the Sixth Judicial Circuit Court of Appeals issued a nationwide injunction stopping the WOTUS rule from being implemented. On March 6, 2017, the President of the United States issued an Executive Order directing EPA and Department of the Army to review and rescind or revise the proposed rule. To meet the objectives of the Executive Order, federal agencies are following a two-step process that will provide as much certainty as possible, as quickly as possible, to the regulated community and the public during the development of the replacement rule. In addition to the two-step process, on January 31, 2018, the EPA and U.S. Department of the Army (the agencies) finalized a rule adding an applicability date to the 2015 Rule defining "Waters of the United States." The 2015 Rule wiould not be applicable until February 6, 2020.

 

Given uncertainty about litigation in multiple district courts over the 2015 Rule, this action provides certainty and consistency to the regulated community and the public, and minimizes confusion as the agencies reconsider the definition of the “Waters of the United States” that should be covered under the Clean Water Act.

 

The agencies’ new rule is separate from the two-step process the agencies propose to take to reconsider the 2015 Rule. The proposed rule was published in the Federal Register on November 22, 2017. The public comment closed on December 13, 2017. The final rule was signed on January 31, 2018 and was published in the Federal Register on February 6, 2018.

 

Due to active court cases on the rule, the United States is operating under two rules; the 2015 Clean Water Rule and the Pre-2015 Regulations and Guidance. Currently, Florida is operating under the Pre-2015 Regulations and Guidance. The 2015 Rule is in effect in 22 states, the District of Columbia, and the US territories.

 

From late 2018 to the fall of September 2019, the following actions have occurred on this regulation:

 

• December 11, 2018 – EPA and the Army Corps of Engineers released a draft proposed rule narrowing the definitions of Waters of the United States.
• February 14, 2019 – EPA and the Army Corps of Engineers published a proposed rule replacing the 2015 WOTUS regulations with a significantly narrower set of definitions.
• March 15, 2019 – The Florida Stormwater Association (FSA) and the Florida League of Cities, Rural Water Association and the Southeast Stormwater Association filed a Motion for Summary Judgement in US District Court for the Northern District of Florida in Tallahassee. The Motion asks the Court to invalidate the 2015 Rules.
• April 5, 2019 – The reply briefs of the Environmental Protection Agency and Intervenors Natural Resources Defense Council, National Wildlife Federation and Tennessee Scenic Rivers Association were filed with the Court on April 5, 2019 in support of the 2015 WOTUS rules.
• August 22, 2019 – In early August a Federal Court for the Southern District of Georgia ruled against EPA and in favor of the Plaintiffs, in this case various state governments. FSA and its co-plaintiffs are obligated to provide information concerning developments in similar cases. While the Georgia decision ruled in a manner favorable to most of the issues, the court was not asked to rule on one of our key
issues – whether waters composing an MS4 system could simultaneously be jurisdictional waters or WOTUS.
• September 12, 2019 – EPA announced that it has finalized a repeal of the 2015 water rule. EPA will create a new rule to replace the WOTUS regulation.

Public Facilities Report - Water Control Plan

Chapter 189 of the Florida Statutes, the Uniform Special District Accountability Act, requires the preparation and submission of a Public Facilities Report to governmental jurisdictions in which the District resides such as Palm Beach County, the Town of Jupiter, and South Florida Water Management District. Special Districts are required to submit an update to this report every five years and, at a minimum, the report must contain information as to the status of the District’s public facilities and changes or revisions to those facilities that have occurred in the past year.

 

Since 1991, when the District filed its first Public Facilities Report, data collection has been an on-going process to provide for better and more accurate mapping of the works of the District. The Public Facilities Report is continually modified as each Plan of Improvement is added to the District’s facilities. In accordance with Chapter 298.225 Florida Statutes, the Water Control Plan is amended consistent with the preparation of any proposed Plan of Improvements during the last year.